Heinrich Questions Experts on Permitting and Consultation Processes Under National Historic Preservation Act

WASHINGTON - During a U.S. Senate Energy and Natural Resources Committee hearing on proposed changes to the National Historic Preservation Act, U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the Committee, asked Dr. Chris Merritt, Utah'sState Historic Preservation Officer,and Mr. Steven Concho, the Tribal Historic Preservation Officer for Acoma Pueblo,about improving permitting and consultation processes under the National Historic Preservation Act(NHPA).

VIDEO: U.S. Senator Martin Heinrich (D-N.M.), questions Dr. Chris Meritt, Utah State's Historic Preservation Officer and Steven Concho, Pueblo of Acoma's Tribal Historic Preservation Officer, on permitting processes, October 29, 2025.

On Expediting Consultation Processes and Engagingwith Tribes

Heinrich began his questioning by asking Dr. Chris Merritt and Steven Concho about what they think would help expediteconsultation with Tribes and states, "In your experience, what would expedite consultation with states and Tribes and how much of this is ambiguity and how much of it is fundamental resourcing the offices that evaluate these projects?"

Mr. Concha answered, "Yes, thank you for your question there. I think, as I stated, what worked for Acoma is the Acoma model, which does force the proponents, project proponents, to consult with the Tribe and bring us in at an early stage. That way we know exactly what'sgoing on and how we can approach this, the projects,together. And it has worked, andwe have had very much success with that model. And so,I think just involving the Tribes and getting them, bringing us in early, at early stage, really expeditesand often, in the long run, saves costs."

Dr. Merritt answered,"I feel I'm very luckyto work in Utah, because our governor and our legislature provide us the tools to do this efficiently. So always, the knee jerk answer is like, more money, more staff, and in some cases, in some states, and many tribes, that is very, very true. In Utah, that is not the case."

Heinrich followed,"What's your overall budget in Utah?"

Dr. Merritt replied, "So,this is a good question. So,we received 60% of our budget from the National Park Service through the Historic Preservation Fund. So, I'msitting up here 60% federally funded. And so that'sjust a tad..."

Heinrich followed, "What'sthe state side piece?"

Dr. Merritt continued,"Sothe state side is that 40% match. So, it'sabout a million dollars from the feds. And then, you know, $800, $700-$800,000 from the state. And so,your question towards efficiencies, I think again, it goes towards early and often. I think you'regoing to hear that a lot. A lot of the projects we see in Utah that go sideways, if we had had better integration very early on in the process, if the proponent had been told like, this is an expectation, if the agencies talk to each other, I think all of those embed efficiencies in the system."

Heinrich followed, "Say that last part one more time, because that'sbeen my experience as to many of these big infrastructure projects, one of the fundamental challenges is when the agencies..."

Dr. Merritt answered, "Don't integrate themselves and they don't..."

Heinrich answered, "Talk to each other early in the process.Mr. Concho, what'syour budget again? Did yousay $100,000?"

Mr. Concho answered, "Yes, a little over $100,000 is the appropriations we receive."

On Additional Tools AvailableUnder NHPAto Improve Permitting Processes

Heinrich asked, "Dr. Merritt, I want to ask you if there are tools that we should be using that are underused widely in this process. And I'mthinking, you know, because people made the analogy to NEPA. In NEPA, we have categorical exclusions, and those apply to things that are where the fact pattern is demonstrably the same over and over and overagain. And soyou analyze those as a basket, rather than every single individual time. Are there tools like that within the National Historic Preservation Act that you think we should be utilizingmore?

Dr. Merritt answered, "Thank you, Senator for that one, because this is one I'm really passionate. My 13 years at the state, I have invested heavily in what we call Programmatic Agreements. So, in the 800-regulationsthat implement section 106 they give us the tool to create agreements that can make routine or even complex undertakings into an agreement document that you enter the sausage grinder,and you know what you'regoing to end up with. Programmatic Agreements have the ability towhat we call streamline, and that is putting those things in buckets or baskets or whatever analogy we'dlike. And that allows us efficiencies in the system, because not every single fence restringing project, or every single USDA disbursement to a farmer for a crop replacement,that doesn'tneed to go through a full four step process. And so,we can use a Programmatic Agreement to say, analyze it at the agency level, do your tribal consultation, but we don'tneed to see the project at the state SHPO. You send that to us at the end of the year, and so that'swhere our caseload is probably higherthan 1500 because we put so many of those cases into large buckets."

On the Importance of Including Tribal Perspectives in Historic Preservation Issues

Heinrich asked, "Mr. Concho, given the history of our country, the history of your Pueblo, why is it important for us to hear your perspective when we consider historic preservation issues?"

Mr. Concho answered, "Thank you for that question. Yes, it's very importantthat you hear the Pueblo's perspective, because from where I'mfrom, we have lived this life for almost 1,000 years. And I'mhere as a TPHO, in this capacity, basically because I love what I do, I lovemy job, and I do this for those, those folks yet to be born, to protect the area where I'mfrom. It's because it's been [inaudible] - we have footsteps all over the Southwest, and we still continue to migrate and visit and touch these places like Mesa Verde, Chaco Canyon and protect these places, through song, through prayers, and also, often we go and visit these places, still today. These places, people refer to them as ruins or abandoned, but they'renot. We still go to these places. They'reliving places that still hold meaning to the Pueblo people. And this is kind of what, whereI come from, from the Southwest, from the Pueblo of Acoma, one of the oldest continuously inhabited cities in the United States. And we'rehappy to be that way, becausewe still continueto have our traditions,as they were given to us for 1,000 years, and protecting all these places in between keeps our tradition alive, keeps our traditiongrowing."

Heinrich responded, "It's a living cultural landscape."

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